Tenn. Comp. R. & Regs. 1240-01-03-.35 - COOPERATION IN CHILD SUPPORT ACTIVITIES

Cooperation in obtaining support and establishing paternity is a condition of AFDC eligibility for each applicant/recipient unless good cause for refusal to cooperate is established in accordance with criteria set out below. The determination of whether a client has refused to cooperate and when good cause exists for a waiver of the cooperation requirement is an eligibility function.

(1) Cooperation Requirements. Each A/R is required to cooperate by engaging in any activity or providing information necessary for child support enforcement, including but not limited to the following :
(a) Assisting in identifying and locating the absent parent of each child in the aid group;
(b) Assisting in the establishment of paternity for each AFDC child for whom this service is appropriate;
(c) Assisting in obtaining support for each member of the aid group;
(d) Appearing for scheduled interviews as necessary to provide relevant verbal or written information or documentary evidence;
(e) Appearing as a witness in court or other hearings or proceedings if necessary;
(f) Providing information, or attesting to lack of information, under penalty of perjury;
(g) After assigning support rights, turning over to DHS any and all support payments which are covered by the assignment and are received directly by the A/R either from the absent parent or through a court or other third party.
(2) Notice to the Applicant/Recipient. At application, a written and verbal explanation of the requirement for cooperation with child support activities and the penalties for refusal to cooperate will be provided in addition to information regarding the client's right to claim good cause for refusal to cooperate. If the client claims good cause for non-cooperation or requests further clarification, he/she shall be given a further written notice describing the circumstances and evidence necessary for a good cause determination.
(a) Acknowledge of Notice.
1. The client's signature acknowledges that he/she understands:
(i) that support rights are assigned to the state;
(ii) any support payments received by the client after approval of the AFDC grant must be turned over to DHS; and
(iii) how to forward such payments to DHS.
2. The good cause notice will be completed, signed, and dated only if the client actually claims good cause.
(3) Refusal to Cooperate.
(a) It is the responsibility of the Department to determine if a client has failed or refused to cooperate.
(b) Reasonable judgment will be exercised in determining whether there has been willful non-cooperation or extenuating circumstances.
(c) If the client has refused to cooperate, the Department will apply the sanctions to the case (unless there is good cause for the lack of cooperation) and notify the client of the action.
(d) Failure to cooperate (without good cause) and the resultant application of sanctions to the case do not preclude support actions on the case by the IV-D agency as long as the assignment is in effect.

Notes

Tenn. Comp. R. & Regs. 1240-01-03-.35
Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed August 23, 1983; effective September 22, 1983.

Authority: T.C.A. §§ 14-8-106 and 14-8-124; 45 C.F.R. 232.12, 232.41, and 235.70.

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